Important: Homzora is a housing research publisher, not a law firm, and nothing on this page is legal advice. This article is general information about the law as published by government and court sources at the time of writing, and it may not reflect later changes or the facts of your situation. Reading it does not create an attorney and client relationship. For advice about your situation, contact a licensed attorney or a legal aid organization in your state.
About 67.2 percent of occupied homes in New York City are rented, since the Census Bureau puts the owner occupied housing rate at 32.8% for 2020 to 2024, and the median gross rent is $1,821 a month (U.S. Census Bureau QuickFacts, New York City). Every one of those renters is entitled to a home that meets basic standards for safety and health under New York law.
This guide explains what repairs a landlord in New York City must make, how to give notice the right way, which remedies the law allows, such as repair and deduct, rent escrow, or ending the lease, and which steps can backfire, such as withholding rent where the law does not allow it. It also lists where to report unsafe conditions.
Quick answers
- Warranty: the home must be fit for human habitation, and the warranty cannot be waived (N.Y. Real Prop. Law § 235-b).
- Heat season: October 1 to May 31 (NYC HPD, Heat and hot water).
- Hot water: at least 120 degrees year round (NYC HPD, Heat and hot water).
- Court: tenants can bring an HP action in Housing Court (NYC HPD, Tenants rights and responsibilities).
The warranty of habitability
Every New York lease includes a warranty that the home is fit for human habitation and free of conditions that are dangerous, hazardous, or detrimental to life, health, or safety. Any lease clause waiving it is void (N.Y. Real Prop. Law § 235-b).
Heat and hot water in New York City
Heat season runs from October 1 to May 31. From 6 a.m. to 10 p.m., when it is below 55 degrees outside, indoor heat must be at least 68 degrees; from 10 p.m. to 6 a.m., it must be at least 62 degrees regardless of the outside temperature. Hot water must be at least 120 degrees all year. Complaints go to 311 (NYC HPD, Heat and hot water).
HP actions
An HP action is a case a tenant brings in Housing Court to make the landlord do repairs, and you can start one at the clerk’s office without a lawyer (NYC HPD, Tenants rights and responsibilities). In emergencies, a hearing is set within about a week (NYC Housing Court, Emergency access and repairs).
Withholding and repair and deduct
The Attorney General’s tenant guide says tenants may make necessary repairs and deduct reasonable costs in extenuating circumstances, and may withhold rent, but warns that the landlord may sue. Tenants in regulated apartments can also file a rent reduction complaint with the state housing agency after giving the landlord written notice (New York Attorney General, Residential Tenants Rights Guide). Withholding is risky, so get advice first.
Retaliation
If a landlord acts against you within one year after a good faith repair complaint, retaliation is presumed in most buildings (N.Y. Real Prop. Law § 223-b).
Free help in New York City
Call 311 and ask for the Tenant Helpline, or call Housing Court Answers at 718.557.1379 (NYC Human Resources Administration, Legal services for tenants). For other assistance, call 211 (211.org).
Fair housing
The federal Fair Housing Act prohibits discrimination in rental terms because of race, color, religion, sex, familial status, national origin, or disability (42 U.S.C. § 3604). HUD accepts complaints (HUD, File a Complaint).
How to write a repair request
A clear written request is the foundation of every remedy in this guide. Date it, describe the problem and where it is, say when it started, attach photos, and ask for a repair by a specific reasonable date. Keep a copy and proof of delivery.
Date: 2026. To: [landlord or manager]. Re: Repairs needed at [address, unit]. I am writing to request repair of the following: [describe each problem, its location, and when it began]. Photos are attached. This affects [heat, water, safety, or use of the unit]. Please make the repairs by 2026 and let me know when you will need access. Sincerely, [name, phone].
Emergency or routine?
Problems such as no heat in cold weather, no water, a gas smell, sparking wiring, sewage backups, or a broken exterior lock are emergencies that usually carry shorter deadlines and may justify calling the city right away, or 911 if anyone is in danger. A dripping faucet or a worn carpet is routine. Label your request clearly so the landlord knows which kind it is, and follow up in writing if the problem worsens.
Mistakes to avoid
- Only calling. A phone call rarely proves notice; follow up in writing.
- Stopping rent without following the rules. Unlawful withholding can lead to an eviction.
- Making repairs yourself without checking the limits. Many states cap repair and deduct or require a licensed contractor.
- Refusing access. Let the landlord in at reasonable times with proper notice to make the repair.
- Throwing away damaged property. Photograph it first; it may be evidence.
Document the problem
- Take dated photos and video when the problem starts and as it changes.
- Keep a log of every contact with the landlord, including dates and names.
- Save receipts for anything you spend because of the problem, such as space heaters, hotel stays, or spoiled food.
- Keep copies of inspection reports and notices from the city.
- Note any health effects and any days you could not use part of the home.
Mold, pests, and leaks
Moisture problems tend to spread, so report leaks and visible mold quickly and in writing. Keep the area ventilated, avoid covering mold with paint, and ask the landlord how the source of the moisture will be fixed rather than only the visible damage. For pests, ask what treatment will be used and when, and follow any preparation instructions so the treatment works.
When conditions make you want to move
If the landlord will not make serious repairs, moving out may feel like the only option, but leaving without following your state’s rules can leave you owing rent. Use the notice procedure described above, keep copies, and get advice before you move. If you do leave, photograph the unit, return the keys, and give a forwarding address in writing.
Renter’s insurance
A landlord’s insurance generally covers the building, not your belongings. If a leak, fire, or break in damages your property, renter’s insurance may cover it regardless of whose fault it was. Review your policy for water damage and mold exclusions, and report losses promptly with photos and receipts.
Working with a code inspector
A city or county inspection creates an independent record of the problem. Be home for the visit if you can, point out every issue, and ask the inspector how the landlord will be notified and when a reinspection will happen. Ask for a copy of the report or the case number, and keep it with your repair records. If the landlord fixes only part of the problem, tell the inspector before the reinspection.
Repairs and your security deposit
Problems that you reported and the landlord did not fix should not be charged to you when you move out. Keep your written repair requests and photos until your deposit is fully returned, and point to them if the landlord tries to deduct for the same damage.
Accessibility changes
The federal Fair Housing Act makes it unlawful to refuse to let a tenant with a disability make reasonable modifications needed to fully use the home, at the tenant’s expense, and to refuse reasonable accommodations in rules and policies (42 U.S.C. § 3604). Put the request in writing and explain what change is needed.
Following up when nothing happens
- Send a second written request that refers to the first one and its date.
- Ask for a specific date when the repair will be made.
- Contact the local code enforcement office and request an inspection.
- Call a legal aid office or tenant hotline before using any remedy that involves rent.
- Keep living in the home and paying rent as the law requires while you follow these steps.
Frequently asked questions
What temperature must my apartment be?
During heat season, at least 68 degrees by day when it is below 55 outside and at least 62 degrees overnight (NYC HPD, Heat and hot water).
Can I sue to get repairs?
Yes, through an HP action in Housing Court (NYC HPD, Tenants rights and responsibilities).
Can I withhold rent?
The Attorney General’s guide says you may, but the landlord may sue (New York Attorney General, Residential Tenants Rights Guide).
Legal notice
Homzora is not a law firm and does not provide legal advice. Laws, court rules, and local programs change, and how they apply depends on your facts. Before you act on anything in this article, confirm the current rules with the court, a licensed attorney, or a legal aid organization.
Sources
- U.S. Census Bureau QuickFacts, New York City
- N.Y. Real Prop. Law § 235-b
- NYC HPD, Heat and hot water
- NYC HPD, Tenants rights and responsibilities
- NYC Housing Court, Emergency access and repairs
- New York Attorney General, Residential Tenants Rights Guide
- N.Y. Real Prop. Law § 223-b
- NYC Human Resources Administration, Legal services for tenants
- 211.org
- 42 U.S.C. § 3604
- HUD, File a Complaint